The Supreme Court disposed of a petition on Monday, seeking handing over the body of one of the four persons, who were killed by the Jammu and Kashmir police during an encounter in Hyderpora last year, observing that the deceased was buried with full honour.
The Bench of Justice Surya Kant and Justice J.B. Pardiwala observed that the Jammu and Kashmir administration had submitted that the deceased was buried with all honour, and there was nothing to indicate that the body was not given a decent burial.
The Apex Court made the observations over a petition filed by Mohammad Latief Magrey, seeking handover of the body of his son, Amar Magrey.
Stating that it respected the sentiments of the father, the Bench said that it could not decide on the matters on sentiments. The relief granted by the Jammu & Kashmir and Ladakh High Court was just and equitable, it added.
The government of Jammu and Kashmir was directed by the top court of the country to comply with the High Court direction regarding the compensation to the family and also permitting them to offer prayers at the grave.
Representing the Jammu and Kashmir administration, Standing Counsel Taruna Ardhendumauli Prasad submitted that it was not in dispute that the deceased was a terrorist and the CD submitted to the High Court showed that all Islamic rites were performed as per the book.
The Counsel further said that eight months have passed since the encounter took place on November 15, 2021. The body would have decomposed and exhuming the same now would only lead to law and order problems.
The petition by Magrey challenged an order by the Jammu & Kashmir and Ladakh High Court, which did not allow exhumation of his son’s body.
Four people were killed in an encounter by Jammu and Kashmir police on November 15, 2021, in the outskirts of Srinagar.